Terms of Service
IMPORTANT -
READ CAREFULLY: The GainsChart.com service (the "Service") is owned and operated by
BundleRank, Inc, ("BundleRank"), a New York corporation, and is provided to
you ("You") under the terms and conditions of these BundleRank Terms of
Service ("Terms"), which include BundleRank's Privacy Policy and Registration
Form, available through the hyperlinks set forth below and incorporated herein
by reference. BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE
"SUBMIT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO
SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND
LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 BELOW.
1. DESCRIPTION OF SERVICE. The Service provided by BundleRank allows You to
build statistical models through the internet or intranet as determined and
designated by You.
2. REGISTRATION. To use the Service, You must submit a complete GainsChart.com
registration form, which is available at https://www.GainsChart.com (the
"Registration Form"), on Your behalf. As part of the registration process for
the Service, You agree to: (1) provide certain limited information about You
as prompted to do so by the Service (such information to be current, complete
and accurate) and (2) maintain and update this information as required to keep
it current, complete and accurate. The information requested on original
sign-up shall be referred to as registration data ("Registration Data"). If
BundleRank discovers that any of Your Registration Data is inaccurate,
incomplete or not current, BundleRank may terminate Your right to access and
receive the Service immediately upon notice. BundleRank will evaluate the
registration application in good faith and will notify You in a timely manner
regarding acceptance or rejection. BundleRank may reject a registration
application if it determines, in its sole discretion, that the user is not an
appropriate subscriber or user of the Service. BundleRank reserves the right
to refuse the Service to any user who has canceled any number of previous
Service accounts. BundleRank need not provide a reason for its rejection. If
BundleRank rejects Your application, then You may reapply and BundleRank will
reconsider the application. You may not register for this Service if You are
under 18 years of age. By registering for this Service You represent to
BundleRank, that You are 18 years of age or older. Upon acceptance of this
agreement and completion of the registration process You will have opened an
account with BundleRank and will become a subscriber to the GainsChart.com Service.
3. SERVICES
(a) Description of Service. GainsChart.com provides the registered user with a
platform to build statistical models from any Web browser. BundleRank makes
the GainsChart.com Service available under a number of different subscription plans.
Please confirm that the plan for which You are registering meets Your needs by
reviewing the "product information pages."
(b) Fees and Payments. You can always find the current Subscription
Fees and charges posted under My Account on the GainsChart.com Web site. Your
subscription will continue and renew automatically unless terminated by
BundleRank or until You notify BundleRank of Your decision to change Your
subscription renewal. For cancellation instructions, log in to your account
and click on the Billing Info section of your My Account page. If there are
any annual, monthly or similar periodic fees for Your subscription, these fees
will be billed automatically to the credit card designated during the
registration process for GainsChart.com, or subsequently designated to BundleRank
at the start of the subscription period and at the start of each renewal
period, unless You terminate Your subscription before the relevant period
begins. You agree to pay or have paid all fees and charges incurred in
connection with Your subscription for GainsChart.com (including any applicable
taxes) at the rates in effect when the charges were incurred. All fees and
charges are nonrefundable. BundleRank may change the fees and charges then in
effect, or add new fees or charges, by giving You notice in advance. All fees
and charges incurred in connection with Your user name and password will be
billed to the credit card designated during the registration process for
GainsChart.com or subsequently designated to BundleRank. You also are responsible
for any fees or charges incurred to access GainsChart.com through an Internet
access provider or other third party service. YOU, AND NOT BundleRank, ARE
RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD
PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to You,
and You may not assign Your rights or obligations to anyone.
(c) Credit Cards. As a condition to your right to use the Service, You
must provide us with a valid credit card number belonging to you with
available credit sufficient to pay the applicable Service Fees. In the event
that you cancel this credit card or it is otherwise terminated, you must
immediately provide us with a new valid credit card number. You authorize
BundleRank, from time to time, to undertake steps to determine whether the
credit card number you have provided to us is a valid credit card number. In
the event that you do not provide us with a current valid credit card number
with sufficient credit upon request during the effective period of this
Agreement, you will be in violation of this Agreement, and we may terminate
this Agreement with You. BundleRank does not accept debit cards for payment of
Service Fees. In the event that you provide us with a debit card number
instead of a credit card number, you authorize us to make all charges
described in this Agreement to your debit card account.
(d) Trial Offers, Coupons, Credits and Special Offers. BundleRank
reserves the right to discontinue or modify coupons, credits and special
promotional offers at our discretion. The Free Trial offer associated with
GainsChart.com Personal entitles new, registered subscribers to a one-time free trial
usage of the service. Free Trial terms vary by promotional offer. At the end
of the trial period You will be automatically subscribed and we will bill your
credit card for the fees to the Service plan You selected at registration or
to a default Service plan for trial subscribers selected by BundleRank. If You
wish to terminate the trial and do not wish to subscribe to a plan, You must
cancel before the end of your trial period. For cancellation instructions, log
in to your account and click on the Billing Info section of your My Account
page.
4. USER CONDUCT AND PROPRIETARY RIGHTS
(a) No Resale or Commercial Use of the Service. Your right to use the
Service is personal to You. You may be either an individual or a
corporation or business entity, but You agree not to rent, lease,
loan, resell, or distribute the Service or any part thereof in any way
including, but not limited to, making the Service available to others
via shared access to a single computer, a computer network, or by
sharing access information, which includes Your Username and Password,
any downloadable plug-in or other materials or any information
obtained by You without the express written consent of BundleRank.
(b) Conduct. You are solely responsible for the content of Your transmissions
through the Service. BundleRank does, however, reserve the right to take any
action with respect to the Service that BundleRank deems necessary or
appropriate in BundleRank's sole discretion if BundleRank believes You or Your
transmissions or use of the Service may create liability for BundleRank. Your
use of the Service is subject to all applicable local, state, national and
international laws and regulations (including without limitation those
governing account collection, export control, consumer protection, unfair
competition, anti-discrimination or false advertising). You agree: (1) to
comply with all United States laws, rules and other regulations applicable in
connection with the Service; (2) not to use the Service for illegal purposes;
(3) not to interfere or disrupt networks connected to the Service; (4) not to
use the Service to infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy;
and (5) not to transmit through the Service, through Feedback or otherwise,
any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of any kind or nature. You will
not attempt to gain unauthorized access to other computer systems and You will
not interfere with another user's use and enjoyment of the Service.
(c) Proprietary Rights. In accordance with Your authorized use of the Service,
BundleRank grants You a limited license to use the Service offered by
BundleRank. Further, GainsChart.com, BundleRank and the BundleRank logo, and other
names, logos, icons and marks identifying BundleRank's products and services
are trademarks of BundleRank and may not be used without the prior written
permission of BundleRank. All other product names mentioned are used for
identification purposes only and may be trademarks of their respective
holders. All rights not expressly granted in these Terms are reserved to
BundleRank.
5. PRIVACY. BundleRank will not sell or rent Your personally identifiable
information to anyone unless You expressly consent to disclosures of Your
personal identification and other personal information to third parties. We
may send personally identifiable information about You to third parties when:
a) We have Your consent to share the information or b) We find that Your
actions on our Web site violate this Terms of Service or c) We respond to
subpoenas, court orders or legal processes which require us to disclose
Registration Data or any information about You to law enforcement or other
government officials as BundleRank, in its sole discretion, believes necessary
or appropriate. More information on BundleRank's current privacy policy for
GainsChart.com can be found at https://www.GainsChart.com.
6. MODIFICATIONS. BundleRank may amend these Terms at any time by (i) posting
a revised Terms of Service document on https://www.GainsChart.com and/or (ii)
sending information regarding the Terms amendment to the email address You
provide to BundleRank. You are responsible for regularly reviewing the
https://www.GainsChart.com site to obtain timely notice of such amendments. You
manifest intent to accept these amended terms if You continue to use Your
membership account after such amended terms have been posted or information
regarding such amendment has been sent to You. Otherwise, these Terms may not
be amended except in writing signed by both parties. Further, BundleRank
reserves the right to modify or discontinue the Service with or without notice
to You. BundleRank shall not be liable to You or any third party should
BundleRank exercise its right to modify or discontinue the Service.
7. PASSWORDS AND SECURITY. As part of the registration process, You will use
Your email address as Your user name and You will choose Your passwords for
access to this account and to Your designated computers. You agree to
carefully safeguard all of Your passwords. You are solely responsible if You
do not maintain the confidentiality of passwords and account information.
Furthermore, You are solely responsible for any and all activities that occur
under Your account. You agree to immediately notify BundleRank of any
unauthorized use of Your account or any other breach of security known to You,
including if You believe that Your password or account information has been
stolen or otherwise compromised.
8. TERMINATION. BundleRank may immediately terminate Your membership and right
to use the Service if (a) You breach these Terms; (b) BundleRank is unable to
verify or authenticate any information You provide to BundleRank; (c) such
information is inaccurate; or (d) BundleRank decides, in its sole discretion,
to discontinue offering the Service. BundleRank shall not be liable to You or
any third party for termination of the Service. You may terminate Your Account
and end Your use of the Service at any time, for any reason or for no reason.
For cancellation instructions, log in to your account and click on the Billing
Info section of your My Account page. Upon termination of Your account, You
shall remain liable for all fees incurred or accrued by You and any fees you
may have paid in advance are nonrefundable. Upon expiration or termination for
any reason, You are no longer authorized to use the Service or Software. When
this Agreement is terminated and/or Your Account is canceled, You will no
longer have access to data and other material You have stored on the Site and
that material may be deleted by BundleRank.
9. Maintenance and Updates. You understand that BundleRank may update the
Software and the system at any time, but is under no obligation to inform You
of or furnish to You any such updates. This Agreement does not grant You any
right, license or interest in or to any support, maintenance, improvements,
modifications, enhancements or updates to the Software or supporting
documentation. To the extent that BundleRank supplies any updates to You, such
updates will be deemed to be subject to the terms of this Agreement unless
BundleRank indicates otherwise. BundleRank reserves the right to charge fees
for any future versions of, or updates to, this Software and system.
10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. BUNDLERANK
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BUNDLERANK MAKES NO
WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES BUNDLERANK MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE
ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR
ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUNDLERANK OR THROUGH
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL BUNDLERANK OR BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE
OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, EVEN IF BUNDLERANK HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BUNDLERANK'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO
$50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
12. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and
hold BundleRank harmless from and against any loss, cost, damages, liability
or expense arising out of or relating to (a) a third-party claim, action or
allegation of infringement based on information, data, files or other content
submitted by You; (b) any fraud or manipulation, or other breach of these
Terms by You; or (c) any third-party claim, action or allegation brought
against BundleRank arising out of or relating to a dispute between its users
over the terms and conditions of a contract or related to the purchase and
sale of any services.
13. GENERAL TERMS. These Terms are governed in all respects by the laws of the
State of New York as such laws are applied. Both parties submit to personal
jurisdiction in New York and further agree that any cause of action relating
to these Terms shall be brought in a court in Suffolk County, New York. If any
provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced.
BundleRank's failure to act with respect to a breach by You does not waive
BundleRank's right to act with respect to subsequent or similar breaches. You
may not assign or transfer this Agreement or any rights hereunder, and any
attempt to the contrary is void. This Agreement shall inure to the benefit of
and be binding upon each party's successors and assigns. BundleRank shall not
be liable for any delay or failure to perform resulting directly or indirectly
from any causes beyond BundleRank's reasonable control. Unless otherwise
provided in this Agreement, any notice required or permitted to be given under
this Agreement shall be delivered (i) by hand; (ii) by registered or certified
mail, postage prepaid and return receipt requested to the address provided by
the other party, or to such other address as a party may designate by written
notice in accordance with this Section 12; (iii) by overnight courier or (iv)
by electronic mail with confirming letter mailed under the conditions
described in (ii). Notice so given shall be deemed effective when received, or
if not received by reason of fault of addressee, when delivered. These Terms
constitute the complete and exclusive understanding and agreement of the
parties relating to the subject matter hereof and supersedes all prior
understandings, proposals, agreements, negotiations and discussions between
the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically
reviewing the Terms of Service.